Kim MonsonKim Monson · Colorado Voter's Guide 2026
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Amendment
81
Initiative 95
On the November 2026 ballot

Amendment 81 (Initiative 95): requiring law enforcement to notify the federal Department of Homeland Security when certain people are charged

Amendment 81 would require law enforcement to notify the federal Department of Homeland Security within 72 hours after specified criminal charges. The duty would apply when a person is not lawfully present in the United States, or that status remains unknown after a reasonable attempt to determine it, and the person faces a crime-of-violence charge or has a prior felony conviction.
Kim's recommendation
YES
Kim's recommendation
YES
VOTE YES ON LAW ENFORCEMENT REPORTING REQUIREMENTS TO FEDERAL AUTHORITIES
Kim's Reasoning:

It makes sense that if a person is charged with a violent crime or convicted of a prior felony, and the person is not lawfully present in the United States or that the status of the person’s lawful presence is unknown after a reasonable attempt has been made by law enforcement to determine the person’s lawful presence, that law enforcement shall notify the Federal Department of Homeland Security within seventy-two hours after charging the person with a crime. VOTE YES ON LAW ENFORCEMENT REPORTING REQUIREMENTS TO FEDERAL AUTHORITIES.

Kim Monson
Kim Monson
Host, The Kim Monson Show · President, Colorado Union of Taxpayers · Colorado Voter's Guide 2026
Certified ballot question
Certified ballot title

Shall there be an amendment to the Colorado Constitution requiring law enforcement to notify the department of homeland security when a person is charged with either a violent crime or any crime if the person has a prior felony conviction if law enforcement cannot determine that the person is lawfully present in the United States?

A yes vote means

Covered law enforcement personnel must make a reasonable effort to determine whether a person charged with a crime of violence, or charged with any crime after a prior felony conviction, is lawfully present in the United States. They must notify Homeland Security within 72 hours after charging that person if the person is not lawfully present or that status remains unknown after a reasonable attempt to determine it. The notification requirement applies despite other provisions of Colorado law.

A no vote means

Colorado’s constitution remains unchanged. Neither the notification requirement nor the duty to make a reasonable effort to determine lawful presence takes effect.

Key facts
Takes effect
Within 30 days of the canvass
When the governor proclaims the result, after voters approve it.
Votes needed to pass
55%
Of votes cast on the amendment.
Estimated state cost
$60,000
The 2026 Blue Book estimates $60,000 in state system-update costs in 2026–27, assumed to come from the General Fund, plus increased state and local workload.
People required to report
Three groups
Certified peace officers employed by a law enforcement agency; correctional officers; and attorneys or investigators employed by a district attorney.
Expiration

The section sets no expiration date and no repeal date. The fiscal impact statement states an effective date: if approved, the measure "takes effect upon proclamation of the Governor, no later than 30 days after the official canvass of the vote is completed".

Effect on TABOR refunds

The measure sets no tax, rate or fee. Table 1 of the fiscal impact statement shows no change in TABOR refunds in FY 2025-26 or FY 2026-27. Colorado issues TABOR refunds when state revenue exceeds the limit the constitution sets.

Estimated state spending

Table 1 of the fiscal impact statement shows $0 in state expenditures in FY 2025-26 and $60,000 from cash funds in FY 2026-27, with no state revenue, no transferred funds, no change in TABOR refunds and no change in state staffing in either year. The statement puts no dollar figure on the local government costs it describes.

The measure01

Amendment 81 would require law enforcement to notify the federal Department of Homeland Security within seventy-two hours

Amendment 81 would add section 17 to article XVIII of Colorado’s constitution. It would require law enforcement to notify the federal Department of Homeland Security within 72 hours after qualifying criminal charges, even if other Colorado laws conflict with that requirement. Approval requires 55% of the votes cast on the amendment.

Amendment 81 qualified for the ballot through the petition process. Michael Fields and Suzanne Taheri are its designated representatives, as the Secretary of State's Title Board record lists them. The Secretary of State records the petition as submitted on December 26, 2025 and issued a statement of sufficiency on January 23, 2026. The Title Board results page names the three board members who set the title, Theresa Conley, Jeremiah Barry and Kurt Morrison.

Who placed it on the ballot

Amendment 81 qualified for the ballot through the petition process. The Secretary of State records the petition as submitted on December 26, 2025 and issued a statement of sufficiency on January 23, 2026. The Title Board results page names the board members who set the title.

The sentence that creates the duty

NOTWITHSTANDING ANY OTHER PROVISION OF COLORADO LAW, LAW ENFORCEMENT SHALL NOTIFY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY WITHIN SEVENTY-TWO HOURS AFTER CHARGING THE PERSON WITH A CRIME

Amendment 81, article XVIII section 17 (2)
The certified text prints newly enacted constitutional language in capital letters.
Two measures on this ballot each add a section 17 to article XVIII

Amendment 81 (Initiative 95) and Amendment 82 (Initiative 177) both designate their proposed constitutional addition as section 17 of article XVIII. Both amendments appear on the same ballot.

Texts of Amendment 81 (Initiative 95) and Amendment 82 (Initiative 177).
The committees' organization money by source
The filings record no organization contributions to Eagle County Republican Women Club. Contributions from individuals are outside this view.
Brighter Colorado reports $295,000 from organizations in 3 filings. The largest: Common Sense America $250,000; Rado Capital $25,000; Advance Colorado $20,000. Because its registration covers several measures, none of these amounts can be attributed to Amendment 81 alone.
Vote Common Sense reports $395,000 from organizations in 9 filings. The largest: Green Advocacy Project $200,000; Coloradans for Real Safety Solutions $50,000; Colorado Immigrant Rights Coalition Action Fund $50,000. Because its registration covers several measures, none of these amounts can be attributed to Amendment 81 alone.
Colorado Communities First reports $221,050.54 from organizations in 13 filings. The largest: Colorado Immigrant Rights Coalition $158,954 in 8 filings; American Civil Liberties Union of Colorado $58,596.54 in 3 filings; CWA Local 7777 $3,500 in 2 filings.
The People's No reports $100,000 from organizations in one filing. The largest: COLOR Action Fund $100,000. Because its registration covers several measures, none of these amounts can be attributed to Amendment 81 alone.
The filings record no organization contributions to People for a Fair Colorado. Contributions from individuals are outside this view.
TRACER filing, October 3, 2026.
The designated representatives of Amendment 81

Michael Fields and Suzanne Taheri are the designated representatives for Amendment 81 (Initiative 95). Its original text was filed with the Title Board on June 6, 2025, and the board set its title on June 18, 2025.

The Title Board's record for Initiative 95 names the designated representatives.
Secretary of State, Title Board filings for 2025-2026.
Legislative votes on state requirements for local governments

Among 1,490 Colorado bills with recorded votes from 2021 through 2026, 82 require, forbid or preempt an action by a county, municipality or special district. Five of the 82 are borderline cases included in the count. Legislators cast 2,964 votes in favor and 1,076 against those bills. This is a broad comparison of state requirements affecting local governments, not an individual legislator’s record or a tally of votes on immigration reporting. Amendment 81 would impose a reporting duty on local law enforcement. A vote on one of the comparison bills does not establish a position on this amendment.

Colorado General Assembly roll call records, 2021 through 2026.
The money02

The fiscal impact statement estimates $60,000 in state spending in FY 2026-27 and no new state employees

Legislative Council Staff issued the fiscal impact statement on August 11, 2025. Its Table 1 shows no state revenue, no transferred funds, no change in TABOR refunds and no change in state staffing in either FY 2025-26 or FY 2026-27. State expenditures are $0 in the first year and $60,000 from cash funds in the second.

The fiscal impact statement estimates $50,000 for the Department of Revenue to access federal databases and make programming changes, and about $10,000 for the Department of Natural Resources to update computer systems. These costs account for its $60,000 state spending estimate for fiscal year 2026-27.

The departments of Corrections, Higher Education, Human Services, Law and Public Safety, and the Judicial Department would also coordinate with federal authorities. The fiscal impact statement projects no additional appropriations for that work.

Local law enforcement agencies, district attorney offices and the Regional Transportation District would face additional work to check status and notify federal authorities. The statement does not estimate those local costs.

The fiscal impact statement's technical note says "law enforcement officers only arrest suspected offenders, who are then charged by prosecuting attorneys", and sets out the assumption behind the estimate: "The fiscal note assumes that law enforcement officers must notify federal agencies after a prosecutor charges the individual with a crime." The August 11 statement is an initial estimate, and it says Legislative Council Staff "may revise this estimate for the ballot information booklet (Blue Book) if new information becomes available".

The fiscal summary of June 10, 2025 described economic effects running in two directions and put a number on neither. It says that where notification "results in more individuals being subject to removal proceedings or deportation, economic activity related to this population will decrease. At the same time, if the measure reduces criminal activity, individuals and communities otherwise impacted by crime may experience better economic outcomes."

Colorado Communities First registered against this measure alone; its filing says the committee seeks to oppose ballot measure 95 through advertisements and voter education.

Because the registration of The People’s No covers four measures, its totals cannot be attributed to Amendment 81 alone.

Because Brighter Colorado’s registration covers eight measures, the six it supports and the two it opposes, its totals cannot be attributed to Amendment 81 alone.

Because Vote Common Sense’s registration covers nine measures, its totals cannot be attributed to Amendment 81 alone.

The deadline, the cost estimate and the dates
Notification deadline: seventy-two hours after the person is charged with a crime. Amendment 81, section 17 (2).
Takes effect: on the proclamation of the Governor, no later than thirty days after the official canvass of the vote. Fiscal impact statement, August 11, 2025.
State expenditures, FY 2026-27: $60,000 from cash funds. Table 1.
Department of Revenue: $50,000 in FY 2026-27, to access federal databases and make programming changes. State Expenditures.
Department of Natural Resources: about $10,000 in FY 2026-27, for computer system updates. State Expenditures.
State expenditures, FY 2025-26: $0. Table 1.
State revenue: $0 in both years. Table 1.
Change in TABOR refunds: $0 in both years. Table 1.
Change in state staffing: 0.0 FTE in both years. Table 1.
Added workload with no change in appropriations: the departments of Corrections, Higher Education, Human Services, Law, and Public Safety, and the Judicial Department. State Expenditures.
Added workload for local law enforcement agencies, district attorney offices, and the Regional Transportation District. Local Government and Statutory Public Entity Impacts.
Petition submitted: December 26, 2025. Secretary of State.
Statement of sufficiency: January 23, 2026. Secretary of State.
TABOR refunds are the refunds Colorado pays when state revenue exceeds the limit the constitution sets.
Figures from the Legislative Council Staff fiscal impact statement of August 11, 2025. Petition dates from the Secretary of State.
The fiscal impact statement assumes the notification follows a prosecutor’s charge

The 72-hour deadline begins after a person is charged with a crime. The fiscal impact statement distinguishes an arrest by an officer from a charge filed by a prosecutor. Its estimate assumes that law enforcement officers would notify federal authorities after the prosecutor files the charge.

Legislative Council Staff fiscal impact statement, August 11, 2025, Technical Note
Measure provisions03

Who must report and which charges trigger notification

The section defines law enforcement for itself. The term "MEANS: (a) A CERTIFIED PEACE OFFICER DESCRIBED IN LAW, WHO IS EMPLOYED BY A LAW ENFORCEMENT AGENCY; (b) A CORRECTIONAL OFFICER; OR (c) AN ATTORNEY OR INVESTIGATOR WHO IS EMPLOYED BY A DISTRICT ATTORNEY." The duty reaches correctional officers and district attorney staff as well as officers who make arrests.

Two conditions must both be met. The first is satisfied where "THE PERSON IS NOT LAWFULLY PRESENT IN THE UNITED STATES OR THE STATUS OF THE PERSON’S LAWFUL PRESENCE IS UNKNOWN AFTER A REASONABLE ATTEMPT TO DETERMINE IT HAS BEEN MADE BY LAW ENFORCEMENT", so it covers a person whose status officers tried to determine and could not. The second is satisfied where the person "IS CHARGED WITH A CRIME OF VIOLENCE AS DEFINED BY COLORADO STATUTE", and also where the person "HAS BEEN CONVICTED OF A PRIOR FELONY". A crime of violence is a term Colorado statute defines, and the section does not restate it. A prior felony conviction satisfies the second condition on its own, so a person charged with a minor offense who has an old felony conviction falls inside the duty.

The section adds a second duty: "LAW ENFORCEMENT HAS A DUTY TO MAKE A REASONABLE EFFORT TO DETERMINE WHETHER A PERSON CHARGED WHO WOULD BE THE SUBJECT OF A NOTIFICATION UNDER THIS SECTION IS LAWFULLY PRESENT IN THE UNITED STATES." It sets no standard for what a reasonable effort is and names no agency to write one. The section names no penalty for a notification that is not made, no remedy, and no state agency to administer or pay for the notifications.

Both conditions must be met before the notification duty applies
The person’s lawful presenceThe charge or the prior conviction
The person is not lawfully present in the United States.
or
The status of the person’s lawful presence is unknown after a reasonable attempt by law enforcement to determine it.
and
The person is charged with a crime of violence as Colorado statute defines it.
or
The person has been convicted of a prior felony.
The duty falls on certified peace officers employed by a law enforcement agency, correctional officers, and attorneys and investigators employed by a district attorney. They must notify the federal Department of Homeland Security within seventy-two hours after the person is charged.
Text of Initiative 95, article XVIII section 17 (1) and (2)
Terms the measure defines, and terms it leaves to other law
Law enforcement, as the measure defines itThe section defines the phrase for itself as three groups: certified peace officers employed by a law enforcement agency, correctional officers, and attorneys or investigators employed by a district attorney.
Crime of violenceThe measure applies the definition Colorado statute already gives the term.
Lawfully presentThe measure does not define this term. Its notification requirement applies when a person is not lawfully present in the United States, or when that status remains unknown after a reasonable attempt to determine it.
Reasonable effortLaw enforcement must make a reasonable effort to determine lawful presence for someone who would be subject to notification. The measure does not specify the steps that effort must include.
ChargingThe seventy-two hour clock starts when the person is charged with a crime, and the fiscal impact statement observes that officers arrest and prosecuting attorneys charge.
Proclamation of the GovernorThe Governor’s formal announcement of the election result, which is when the measure would take effect, no later than thirty days after the official canvass of the vote is completed.
Terms as used in Amendment 81, article XVIII section 17. Effective date from the Legislative Council Staff fiscal impact statement, August 11, 2025.

The ballot question and the requirements the section sets

The question a voter will see reads: "Shall there be an amendment to the Colorado Constitution requiring law enforcement to notify the department of homeland security when a person is charged with either a violent crime or any crime if the person has a prior felony conviction if law enforcement cannot determine that the person is lawfully present in the United States?" It does not state the seventy-two hour deadline, does not say that correctional officers and district attorney staff are covered, and does not mention the duty to make a reasonable effort to determine lawful presence. It also leaves out the words of the section's own heading, "felons and violent offenders".

The measure's name, and an earlier version of the text

A footnote on the results page says the caption "Law Enforcement Reporting Requirements to Federal Authorities" was attached "by legislative staff for tracking purposes" and "is not part of the titles set by the Board."

An earlier version of the measure is posted on the Legislative Council site. The text filed there on May 23, 2025 would have added "section 18 to article XVIII"; the certified text adds section 17.

Campaign support and opposition04
For
Against
TRACER filing, October 7, 2026
From the show05
Show coverage
September 18, 2026Amendment 81, Propositions 132 and 133, and the Role of Lobbyists in Colorado Listen to the episode
The Kim Monson Show
Newsroom coverage
September 18, 2026Amendment 81 would require DHS notice for some charges against people not lawfully present Read the article
The Kim Monson Newsroom, kimmonson.com
Sources06
Official documents
Ballot title and Title Board results (hearing June 18, 2025)
Text of Initiative 95
Fiscal impact statement (August 11, 2025)
Fiscal summary (June 10, 2025)
Text as filed with Legislative Council Staff (May 23, 2025)
Further reading
Official documents
  • 2026 State Ballot Information BookletColorado Legislative Council · Sep 24, 2026
    The Colorado Legislative Council's 2026 ballot information booklet entry for Amendment 81 explains that it would require police, jail and prosecutor staff to notify the U.S. Department of Homeland Security within 72 hours of charging someone with a violent crime, or anyone with a prior felony, whose lawful presence cannot be confirmed, and lays out current law, arguments on both sides and costs.
  • Ballot analysis (Legislative Council)Legislative Council
    The Colorado General Assembly's 2026 ballot analysis landing page for Amendment 81, titled 'Law Enforcement Communication with Federal Immigration Authorities', listing staff, draft deadlines and analysis files but not the analysis text.
  • Initial fiscal impact abstract (Legislative Council)Legislative Council
    Legislative Council Staff's June 10, 2025 preliminary fiscal summary of Initiative 95, finding the measure may increase state and local law enforcement workload and describing possible economic effects.
  • Fiscal summary (Legislative Council)Legislative Council
    Legislative Council Staff's August 11, 2025 fiscal impact statement for Initiative 95 (law enforcement reporting requirements to federal authorities), estimating about $60,000 in state cash-fund costs in FY 2026-27 and increased state and local workload.
  • Text of the measure as filedColorado General Assembly
    The text of Initiative 2025-2026 #95 as received by Legislative Council Staff on May 23, 2025, a proposed constitutional section requiring law enforcement to notify the federal Department of Homeland Security within 72 hours of charging certain people not lawfully present.
  • Title Board record (Secretary of State)Secretary of State
    The Secretary of State's Title Board results page for Proposed Initiative #95, giving the ballot title set at the June 18, 2025 hearing for a constitutional amendment requiring law enforcement to notify the Department of Homeland Security after certain charges.
Show 1 more
  • Final text as filed (Secretary of State)Secretary of State
    The final text of 2025-2026 Initiative #95 as received by the Secretary of State on June 6, 2025, which adds a section to the Colorado Constitution requiring law enforcement to notify the federal Department of Homeland Security within 72 hours after charging certain people.
News coverage
Show 1 more
  • 14 measures will appear on Colorado’s statewide ballot in 2026Colorado Newsline · Sep 8, 2026
    A Colorado Newsline overview article from Sept. 8, 2026 of the 14 statewide measures, which says Amendment 81 would require police to notify federal immigration authorities when they file certain criminal charges against a person not lawfully present or whose status is unknown, and that Advance Colorado sponsors it.
Campaigns and committees
  • Brighter ColoradoColorado Secretary of State · Jul 6, 2026
    The Secretary of State TRACER page for Brighter Colorado, a statewide issue committee supporting several initiatives including #95 (Amendment 81), reporting $306,625.00 in contributions and $35,488.90 in expenditures as of its September 21, 2026 report.
  • Eagle County Republican Women ClubColorado Secretary of State · Feb 6, 2026
  • Vote Common SenseColorado Secretary of State
    The Secretary of State TRACER page for Vote Common Sense, a statewide issue committee opposing several 2026 measures including Amendment 81, reporting $495,000.00 in contributions and $81,367.00 in expenditures as of its September 21, 2026 report.
  • Colorado Communities FirstColorado Secretary of State
    The Secretary of State TRACER page for Colorado Communities First, a statewide issue committee formed to oppose ballot measure #95 (Amendment 81), reporting $225,309.28 in monetary and $14,334.26 in non-monetary contributions and $73,656.24 in expenditures as of its September 21, 2026 report.
  • The People's NoColorado Secretary of State
    The Secretary of State TRACER page for The People's No, a statewide issue committee formed to defeat ballot measures 85, 95, 109 and 110, reporting $100,000.00 in contributions and $0.00 in expenditures as of its September 21, 2026 report.
  • People for a Fair ColoradoColorado Secretary of State
    Colorado Secretary of State TRACER committee record for People for a Fair Colorado, a small scale issue committee registered 09/03/2026 whose stated purpose lists Initiative 95 (Amendment 81) among eleven initiatives it is organizing to oppose.
Text of the measure

Be it enacted by the People of the State of Colorado: SECTION 1. In the constitution of the state of Colorado, add section 17 to article XVIII as follows: Section 17. Notification requirements for felons and violent offenders unlawfully present in the United States (1) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES, “LAW ENFORCEMENT” MEANS: (a) A CERTIFIED PEACE OFFICER DESCRIBED IN LAW, WHO IS EMPLOYED BY A LAW ENFORCEMENT AGENCY; (b) A CORRECTIONAL OFFICER; OR (c) AN ATTORNEY OR INVESTIGATOR WHO IS EMPLOYED BY A DISTRICT ATTORNEY. (2) Requirement to notify upon charging. NOTWITHSTANDING ANY OTHER PROVISION OF COLORADO LAW, LAW ENFORCEMENT SHALL NOTIFY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY WITHIN SEVENTY-TWO HOURS AFTER CHARGING THE PERSON WITH A CRIME IF: (a) THE PERSON IS NOT LAWFULLY PRESENT IN THE UNITED STATES OR THE STATUS OF THE PERSON’S LAWFUL PRESENCE IS UNKNOWN AFTER A REASONABLE ATTEMPT TO DETERMINE IT HAS BEEN MADE BY LAW ENFORCEMENT; AND (b) EITHER: (I) THE PERSON IS CHARGED WITH A CRIME OF VIOLENCE AS DEFINED BY COLORADO STATUTE; OR (II) THE PERSON HAS BEEN CONVICTED OF A PRIOR FELONY. (3) Reasonable effort required. LAW ENFORCEMENT HAS A DUTY TO MAKE A REASONABLE EFFORT TO DETERMINE WHETHER A PERSON CHARGED WHO WOULD BE THE SUBJECT OF A NOTIFICATION UNDER THIS SECTION IS LAWFULLY PRESENT IN THE UNITED STATES.